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Energy Bill


Energy Bill
Part 3 — Nuclear Regulation
Chapter 2 — Nuclear regulations

54

 

(b)   

the development of any future safeguards obligations.

(2)   

In subsection (1)(a) “the safeguards obligations” has the meaning given by

section 76.

57      

Transport purposes

(1)   

In this Part, the “transport purposes” means the purposes of—

5

(a)   

protecting against risks relating to the civil transport of radioactive

material in Great Britain by road, rail or inland waterway which arise

out of, or in connection with, the radioactive nature of the material, and

(b)   

ensuring the security of radioactive material during civil transport in

Great Britain by road, rail or inland waterway.

10

(2)   

For this purpose—

(a)   

“civil transport” means transport otherwise than for the purposes of the

department of the Secretary of State with responsibility for defence;

(b)   

“radioactive material”—

(i)   

in relation to transport by road, has the same meaning as in

15

ADR,

(ii)   

in relation to transport by rail, has the same meaning as in RID,

and

(iii)   

in relation to transport by inland waterway, has the same

meaning as in ADN;

20

(c)   

the transport of material begins with any preparatory process (such as

packaging) and continues until the material has been unloaded at its

destination.

(3)   

In subsection (2)(b)—

“ADN” means the Regulations annexed to the European Agreement

25

concerning the International Carriage of Dangerous Goods by Inland

Waterway (signed at Geneva on 26 May 2000);

“ADR” means Annexes A and B to the European Agreement concerning

the International Carriage of Dangerous Goods by Road (signed at

Geneva on 30 September 1957);

30

“RID” means the Annex to Appendix C to the Convention concerning

International Carriage by Rail (signed at Berne on 9 May 1980) (the

Regulation concerning the International Carriage of Dangerous Goods

by Rail);

   

and any reference to, or to an appendix to, an Agreement, a Convention or a

35

Treaty, or to an annex to any of them, is to it as it has effect for the time being.

(4)   

The Secretary of State may by regulations modify the definition of “radioactive

material”.

Chapter 2

Nuclear regulations

40

58      

Nuclear regulations

(1)   

The Secretary of State may make regulations (to be known as “nuclear

regulations”) for any of the following purposes—

 
 

Energy Bill
Part 3 — Nuclear Regulation
Chapter 2 — Nuclear regulations

55

 

(a)   

the nuclear safety purposes;

(b)   

the nuclear security purposes;

(c)   

the nuclear safeguards purposes;

(d)   

the transport purposes.

(2)   

Schedule 6 (which gives examples of particular kinds of provision that may be

5

made by nuclear regulations) has effect.

(3)   

Nuclear regulations may—

(a)   

confer functions on the ONR;

(b)   

create powers which inspectors may be authorised to exercise by their

instruments of appointment under paragraph 2 of Schedule 8;

10

(c)   

create offences (as to which see section 59);

(d)   

modify—

(i)   

any of the provisions of the Nuclear Installations Act 1965 that

are relevant statutory provisions;

(ii)   

any provision of the Nuclear Safeguards Act 2000;

15

(e)   

provide for exemptions (including conditional exemptions) from any

prohibition or requirement imposed by or under any of the relevant

statutory provisions;

(f)   

provide for defences in relation to offences under any of the relevant

statutory provisions;

20

(g)   

provide for references in the regulations to any specified document to

operate as references to that document as revised or re-issued from

time to time.

(4)   

Provision that may be included by virtue of subsection (3)(a) includes, in

particular,—

25

(a)   

provision requiring compliance with directions by the ONR;

(b)   

provision conferring power for the ONR to authorise other persons to

exercise functions relating to the grant of exemptions of a kind

mentioned in subsection (3)(e).

(5)   

Nuclear regulations may make provision—

30

(a)   

applying to acts done outside the United Kingdom by United Kingdom

persons;

(b)   

for enabling offences under any of the relevant statutory provisions to

be treated as having been committed at any specified place for the

purpose of conferring jurisdiction on any court in relation to any such

35

offence.

(6)   

In subsection (5) “United Kingdom person” means—

(a)   

an individual who is—

(i)   

a British citizen, a British overseas territories citizen, a British

National (Overseas) or a British Overseas citizen,

40

(ii)   

a person who under the British Nationality Act 1981 is a British

subject, or

(iii)   

a British protected person within the meaning of that Act,

(b)   

a Scottish partnership, or

(c)   

a body incorporated under the law of any part of the United Kingdom.

45

(7)   

Before making nuclear regulations, the Secretary of State must consult—

(a)   

the ONR,

 
 

Energy Bill
Part 3 — Nuclear Regulation
Chapter 2 — Nuclear regulations

56

 

(b)   

if the regulations would modify any provision of health and safety

regulations (within the meaning of Part 1 of the 1974 Act), the Health

and Safety Executive, and

(c)   

such other persons (if any) as the Secretary of State considers it

appropriate to consult.

5

(8)   

Subsection (7)(a) does not apply if the regulations give effect, without

modification, to proposals submitted by the ONR under section 64(1)(a)(i).

(9)   

Nuclear regulations which include any provisions to which any paragraph of

subsection (10) applies must identify those provisions as such.

(10)   

This subsection applies to any provisions of nuclear regulations which are

10

made for—

(a)   

the nuclear security purposes,

(b)   

the nuclear safeguards purposes, or

(c)   

both of those purposes,

   

and for no other purpose.

15

(11)   

In this section (and Schedule 6) “specified” means specified in nuclear

regulations.

59      

Nuclear regulations: offences

(1)   

Nuclear regulations may provide for an offence under the regulations to be

triable—

20

(a)   

only summarily, or

(b)   

either summarily or on indictment.

(2)   

Nuclear regulations may provide for an offence under the regulations that is

triable either way to be punishable—

(a)   

on conviction on indictment—

25

(i)   

with imprisonment for a term not exceeding the period

specified, which may not exceed 2 years,

(ii)   

with a fine, or

(iii)   

with both,

(b)   

on summary conviction—

30

(i)   

with imprisonment for a term not exceeding the period

specified,

(ii)   

with a fine not exceeding the amount specified (which must not

exceed £20,000), or

(iii)   

with both.

35

(3)   

A period specified under subsection (2)(b)(i) may not exceed—

(a)   

in relation to England and Wales—

(i)   

6 months, in relation to offences committed before the date on

which section 154(1) of the Criminal Justice Act 2003 (general

limit on magistrates’ court’s power to imprison) comes into

40

force,

(ii)   

12 months, in relation to offences committed after that date,

(b)   

in relation to Scotland, 12 months,

(c)   

in relation to Northern Ireland, 6 months.

 
 

Energy Bill
Part 3 — Nuclear Regulation
Chapter 3 — Office for Nuclear Regulation

57

 

(4)   

Nuclear regulations may provide for a summary offence under the regulations

to be punishable—

(a)   

with imprisonment for a term not exceeding the period specified,

(b)   

with a fine not exceeding the amount specified, which must not exceed

level 5 on the standard scale, or

5

(c)   

with both.

(5)   

A period specified under subsection (4)(a) may not exceed—

(a)   

in relation to England and Wales—

(i)   

6 months, in relation to offences committed before the date on

which section 281(5) of the Criminal Justice Act 2003 (alteration

10

of penalties for summary offences) comes into force, or

(ii)   

51 weeks, in relation to offences committed after that date,

(b)   

in relation to Scotland, 12 months,

(c)   

in relation to Northern Ireland, 6 months.

(6)   

In this section “specified” means specified in nuclear regulations.

15

60      

Civil liability for breach of nuclear regulations

(1)   

Breach of a duty imposed by nuclear regulations is actionable to the extent that

it causes damage (and whether or not the breach constitutes an offence).

(2)   

Any term of an agreement is void to the extent that it purports to exclude or

restrict—

20

(a)   

the operation of subsection (1), or

(b)   

any liability arising by virtue of that subsection.

(3)   

Nuclear regulations may provide—

(a)   

for subsection (1) or (2) not to apply in specified circumstances;

(b)   

for any specified defence to be available in any action under subsection

25

(1).

(4)   

Nothing in subsection (1) or (3)(b) affects any right of action or defence which

otherwise exists or may be available.

(5)   

In this section—

“damage” includes the death of any person or any personal injury;

30

“specified” means specified in nuclear regulations.

Chapter 3

Office for Nuclear Regulation

61      

The Office for Nuclear Regulation

(1)   

There is to be a body corporate known as the Office for Nuclear Regulation.

35

(2)   

In this Part that body is referred to as “the ONR”.

(3)   

Schedule 7 makes further provision about the ONR.

 
 

Energy Bill
Part 3 — Nuclear Regulation
Chapter 4 — Functions of the ONR

58

 

Chapter 4

Functions of the ONR

Functions of ONR: general

62      

Principal function

(1)   

The ONR must do whatever it considers appropriate for the ONR’s purposes.

5

(2)   

That includes, so far as it considers appropriate, assisting and encouraging

others to further those purposes.

63      

Codes of practice

(1)   

The ONR may, with the consent of the Secretary of State, issue codes of practice

giving practical guidance as to the requirements of any provision of the

10

relevant statutory provisions.

(2)   

The ONR may, with the consent of the Secretary of State, revise or withdraw a

code of practice issued under this section.

(3)   

Before seeking the consent of the Secretary of State under subsection (1) or (2),

the ONR must consult—

15

(a)   

any government department or other person that the Secretary of State

has directed the ONR to consult, and

(b)   

any other government department or other person that the ONR

considers it appropriate to consult.

(4)   

A direction under subsection (3)(a) may be general or may relate to a particular

20

code, or codes of a particular kind.

(5)   

The ONR must—

(a)   

publish any code of practice issued under this section;

(b)   

when it revises such a code, publish a copy of the revised code;

(c)   

when it withdraws such a code, publish a notice to that effect.

25

(6)   

A code of practice (including a revised code) must specify the relevant

statutory provisions to which it relates.

(7)   

References in this Part to an approved code of practice are references to a code

issued under this section as it has effect for the time being.

(8)   

A person’s failure to observe any provision of an approved code of practice

30

does not of itself make the person liable to any civil or criminal proceedings.

(9)   

But subsections (10) to (12) apply to any proceedings for an offence where—

(a)   

the offence consists of failing to comply with any requirement or

prohibition imposed by or under any of the relevant statutory

provisions, and

35

(b)   

at the time of the alleged failure, there was an approved code of practice

relating to the provision.

(10)   

Any provision of the code of practice which appears to the court to be relevant

to the alleged offence is admissible in evidence in the proceedings.

(11)   

Where—

40

 
 

Energy Bill
Part 3 — Nuclear Regulation
Chapter 4 — Functions of the ONR

59

 

(a)   

in order to establish that the defendant failed to comply with the

requirement or prohibition, the prosecution must prove any matter,

(b)   

the court is satisfied that a provision of the code of practice is relevant

to that matter, and

(c)   

the prosecution prove that, at a material time, the defendant failed to

5

observe that provision of the code of practice,

   

that matter is to be taken as proved unless the defendant proves that the

requirement or prohibition was complied with in some other way.

(12)   

A document purporting to be an approved code of practice is to be taken to be

such an approved code unless the contrary is proved.

10

64      

Proposals about orders and regulations

(1)   

The ONR may from time to time—

(a)   

submit proposals to the Secretary of State for—

(i)   

nuclear regulations,

(ii)   

regulations under section 68,

15

(iii)   

regulations under section 84,

(iv)   

health and safety fees regulations, or

(v)   

orders or regulations under a relevant enactment;

(b)   

submit proposals to the Health and Safety Executive for relevant health

and safety regulations.

20

(2)   

In this section—

“health and safety fees regulations” means regulations under section 43(2)

of the 1974 Act in relation to fees payable for or in connection with the

performance of a function by or on behalf of—

(a)   

the ONR, or

25

(b)   

a health and safety inspector;

“relevant enactment” means—

(a)   

section 3 of the Nuclear Safeguards and Electricity (Finance) Act

1978 (regulations for giving effect to certain provisions of

Safeguards Agreement);

30

(b)   

section 3 of the Nuclear Safeguards Act 2000 (identifying

persons who have information);

(c)   

section 5(3) of that Act (rights of access for Agency inspectors);

(d)   

section 80 of the Anti-terrorism, Crime and Security Act 2001

(prohibition of disclosures of uranium enrichment technology);

35

“relevant health and safety regulations” means regulations under section

15 of the 1974 Act so far as they can be made for the nuclear site health

and safety purposes.

(3)   

Before submitting any such proposal, the ONR must consult—

(a)   

any government department or other person that the Secretary of State

40

has directed the ONR to consult, and

(b)   

any other government department or other person that the ONR

considers it appropriate to consult.

(4)   

A direction under subsection (3)(a) may be general or may relate to a particular

proposal, or to proposals of a particular kind.

45

 
 

 
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